Boxer to try again for EPA vote

Sen. Barbara Boxer is taking another shot at getting a committee vote on EPA nominee Gina McCarthy — and pleading with Republicans to take part this time.

The chairwoman of the Senate Environment and Public Works Committee announced late Friday that the panel's Democrats will hold a vote on McCarthy's nomination at noon Thursday, a week after Republicans tossed a wrench in her plans with a surprise boycott of this week’s planned vote.

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GOP senators led by top committee Republican David Vitter of Louisiana argued that McCarthy, who now heads the EPA’s air office, has not responded to all of their requests for information on the agency's policies.

But Boxer (D-Calif.) said Thursday morning that the Democrats think they have parliamentary procedure on their side, if the ailing Sen. Frank Lautenberg (D-N.J.) can make it to a vote.

He and Sen. Max Baucus (D-Mont.) were not at Thursday morning’s hearing.

Spokespeople for Boxer and Vitter did not immediately respond to requests for comment late Friday. But a Lautenberg spokesman said he will attend the vote next week.

“As of the date of the upcoming business meeting, this nomination will have been delayed at your request for four weeks,” Boxer said in a letter to Vitter on Friday.

"It is time to move forward with her nomination. I hope you will attend."

Boxer added: “Gina is a highly qualified nominee. She has a demonstrated record of working with Republicans and Democrats, including four Republican Governors and a Democratic President. She has received support from businesses, health officials, environmental organizations, and scientists. We need her strong, bipartisan, common-sense approach to lead the EPA."

It's unclear what parliamentary maneuvers Boxer might have to resort to if the Republicans refuse again to show up.

Boxer chief of staff Bettina Poirier said Thursday that the normal rule for a quorum is 10 members of the panel, with two members of the minority party present. But “there is an exception to that if a full majority of members present vote in the affirmative. We’ve discussed with the Senate lawyers and parliamentarians,” she said.

In 2003, when Democrats pulled a similar move on Bush EPA administrator-nominee Mike Leavitt, Republicans voted 10-0 to pass him, but had to reschedule the vote for two weeks later. At that hearing, only two Democrats — Sens. Hillary Clinton and Joe Lieberman — voted no, and Boxer did not attend.

“We will go for it. We will get the 10 if we have to,” Boxer said Thursday.

This article first appeared on POLITICO Pro at 8:27 p.m. on May 10, 2013.